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If a trick-or-treater damages your home, what action can you take?

Damage to property is potentially a criminal offence, as well as a civil matter.

“Generally speaking, if a trick-or-treater accidentally damages your property, it should fall to them to meet the cost of the repair," said James Teagle solicitor partner at Blacks Solicitors and a member of the Property Litigation Association.

"If they dispute the damage, you will need to prove they are responsible, and justify the cost of repair. If the damage has been caused deliberately – and you have proof of this – the police are likely to regard the act as amounting to criminal damage.”

What can you do if the damage is caused by a child?

If a child causes damage, things can often get more complicated.

Teagle said: “Children under 10 cannot be convicted of a criminal act, so the police are only likely to intervene if the child is older.”

What if a child causes damage to your property? (Image: Getty)

Can you recover repair costs from the parents?

Parents or guardians are not legally responsible for meeting the cost of damage caused by their child – irrespective of their age, or whether the damage was caused deliberately, or not.

Simon Roberts from DAS Law said: “Parents are responsible for supervising their children but are not liable for their acts, and cannot be held directly responsible for damage they may cause to your property. This means you would have to take civil action against the child – but this may not be a realistic way forward.”

The other option to consider is the possibility of suing the parents in negligence for failing to supervise.

Roberts added: “But this would depend on proving the elements of negligence.”

Can the matter be resolved amicably?

As Halloween is a busy time for the police, think whether the matter can be resolved amicably before getting them involved.

That said, if you are harassed and concerned about your safety, don’t hesitate in calling the police right away.

What are you allowed to do to stop someone from playing “tricks” on your property?

As a homeowner you are entitled to peaceful enjoyment of your home, so, if you are in fear for your safety – or feeling harassed – you should contact the police as these are criminal matters.

Roberts said: “From a civil point of view, it could be argued that a steady stream of people invading your property while ‘trick or treating’ would amount to a legal nuisance.”

Normally, you could look at legal action and remedies such as damages and an injunction.

Roberts added: “The problem is, with Halloween, it would be difficult to bring a claim against a one-time offender.

"But if someone persistently posed a nuisance, you have more chance of succeeding in lodging a claim against them for trespass or nuisance.”

Even so, homeowners are still required to take steps to minimise the risk of harm being caused to any visitors.

Teagle said: “There is no ‘one size fits all’ rule. However, if you are keen to avoid all visitors on Halloween, the best course of action may be to close your front gate, shut the curtains, and keep a low profile for the evening.”

Any damage to property is potentially a criminal offence (Image: Pixabay)

What can you do if an act of vandalism is taking place on your property?

Any damage to property is potentially a criminal offence, and you could threaten to report that individual to the police. You could also seek to take a civil claim for damages to compensate you.

But you as a homeowner cannot threaten.

Roberts said: “I would advise against any physical interactions as the situation could escalate. If you assault a child, this could be reported to the police and it may be difficult to justify whether this response was reasonable in the circumstances – and you could risk criminal sanctions.”

The safest and best course of action is always to call the police – but remember only to use 999 in case of emergency.

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How to prepare

When it comes to protecting your home, you need to check your insurance policy is up-to-date – and that you have adequate home and contents cover in place.

It’s important to note that while theft and malicious damage is covered as standard on some home and motor insurance, this is not the case with all policies.

Kevin Pratt from Moneysupermarket.com, said: “If you have a comprehensive policy, you’ll be covered for theft and malicious damage, but if you have third-party fire and theft, you may not be covered for malicious damage. If you’ve only got third-party cover, you won’t be covered for either risk.”

Pratt also points out that insurers usually treat malicious damage claims as being your fault.

He said: “They call it ‘at fault’ – because they won’t be able to recover the cost of repair. So this could lead to an increase in premiums at renewal, and even a reduction in you no-claims bonus.”